Filing And Service Of Briefs

North Dakota Rules of Appellate Procedure

Rule: 31.

Jurisdiction: ND

Bluebook Citation: N.D.R.App.P. 31.

(a) Time to Serve and File a Brief; Where Filed. The appellant must serve and file a brief within 40 days after the date on which the transcript is filed but, if no transcript is ordered, within 40 days after the notice of appeal is filed. The appellee must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve and file a reply brief within 14 days after service of the appellee's brief; however, if there is less than 14 days before oral argument the reply brief must be filed at least 5 days before argument. Unless exempt from electronic filing, all briefs must be electronically filed in the the supreme court electronic filing system. (b) Number of Copies to Be Filed and Served. (1) Each brief must be served and filed as follows: (A) one electronic copy of each brief must be served on counsel for each party separately represented and on each self-represented party or prisoner; (B) if a self-represented party or prisoner cannot accept electronic service, a paper copy of each brief must be served; (C) one electronic copy of each brief must be electronically filed with the clerk of the supreme court via the electronic filing system; and (D) for briefs filed in person, by mail or third-party commercial carrier, an original of each brief must be filed with the clerk of the supreme court. (2) All electronic copies of briefs must comply with Rule 25(a)(3). If a paper brief is filed or served, it must contain all the parts of the electronic brief and be in the same order as in the electronic brief. (c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule or within a time extended by the court, the court on its own motion may dismiss the appeal or an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument.

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